Agreement Establishing Deadlines for the Continuity of Procedures and Resolution of Matters Under the Competence of the National Insurance and Sureties Commission During the Health Contingency Period

DOF: 03/08/2020

AGREEMENT establishing deadlines for the continuity of procedures and resolution of matters under the competence of the National Insurance and Sureties Commission during the period of duration of the health contingency.

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- National Insurance and Sureties Commission.

RICARDO ERNESTO OCHOA RODRÍGUEZ, President of the National Insurance and Sureties Commission,

based on the provisions of Articles 1, third paragraph; 4, fourth paragraph, 73, fraction XVI, Bases

1st to 3rd, 90, first paragraph, of the Political Constitution of the United Mexican States; as well as in the

Articles 366, fraction II, 372, fractions I and II, and 381 of the Law of Insurance and Surety Institutions, 9 and

48 of the Internal Regulations of the National Insurance and Sureties Commission; and

CONSIDERING

That on March 30, 2020, the General Health Council published in the Official Gazette of the Federation the "Agreement declaring a health emergency due to force majeure, for the epidemic of disease generated by the SARS-CoV2 virus (COVID-19)", stating that the Ministry of Health would determine the actions necessary to address said emergency.

That on March 31, 2020, the Ministry of Health published in the Official Gazette of the Federation the "Agreement establishing extraordinary actions to address the health emergency generated by the SARS-CoV2 virus (COVID-19)", through which, among other measures, the immediate suspension of non-essential activities in the public, social, and private sectors was ordered, with the aim of mitigating the dispersion and transmission of the virus in the community, to reduce the disease burden, its complications, and death in the population residing in the national territory, which was modified through publication in the Official Gazette of the Federation on April 21, 2020.

That in this context, this National Insurance and Sureties Commission published in the Official Gazette of the Federation on April 7, May 4 and 29, June 30, and July 16, 2020, various Agreements establishing the suspension of deadlines regarding procedures and processes for the attention of insurance institutions, surety institutions, and other persons subject to its supervision until July 31, 2020, due to the coronavirus known as COVID-19.

That on May 14, 2020, the Ministry of Health published in the Official Gazette of the Federation the "Agreement establishing a strategy for the reopening of social, educational, and economic activities, as well as a regional traffic light system to evaluate weekly the epidemiological risk related to the reopening of activities in each federal entity, as well as establishing extraordinary actions", which was modified through an Agreement published in the same medium on May 15, 2020. Said Agreement aims to establish a strategy for the reopening of social, educational, and economic activities, as well as a regional traffic light system to evaluate weekly the epidemiological risk related to the reopening of activities in each federal entity, as well as to establish extraordinary actions. In its Second Article, it established that the reopening of activities will be gradual, orderly, and cautious.

That in Mexico City, headquarters of the National Insurance and Sureties Commission, on May 20, 2020, the Government of Mexico City announced the Gradual Plan towards the new normality in Mexico City, which establishes the implementation of a staggered return that prioritizes the right to health to contain the pandemic caused by the coronavirus COVID-19 and avoid new outbreaks of infection, with the purpose of generating a healthy life and coexistence based on an Epidemiological Traffic Light with four colors: red, orange, yellow, and green, for the staggered reopening of various activities.

That taking into account the determinations corresponding to the health authority of Mexico City, by this Agreement, the relevant deadlines and forms are established for the processing of matters that must be resolved by the National Insurance and Sureties Commission, in order to provide certainty during the time that the health contingency prevails.

That the procedures considered in this Agreement constitute the entirety of those competent to this National Insurance and Sureties Commission, in addition to the exercise of the attributes that it has been and will continue to exercise during the health contingency, so that with the issuance of this Agreement, the proper attention of all matters within its scope is foreseen, until such time as the health authorities determine that the health contingency has concluded.

That the Commission is a Decentralized Body of the Federal Public Administration empowered to issue, within the scope of its competence, the general provisions to which insurance institutions, surety institutions, and other persons subject to its supervision must adhere, and that in virtue of the foregoing, it has considered issuing the following:

AGREEMENT ESTABLISHING DEADLINES FOR THE CONTINUITY OF PROCEDURES AND RESOLUTION OF MATTERS UNDER THE COMPETENCE OF THE NATIONAL INSURANCE AND SURETIES COMMISSION DURING THE PERIOD OF DURATION OF THE HEALTH CONTINGENCY

FIRST. From the entry into force of this Agreement and until the General Health Council decrees that the health contingency has concluded, the National Insurance and Sureties Commission will proceed and resolve the procedures subject to its competence in accordance with this Agreement.

SECOND. The determination for the computation of deadlines and the attention of procedures under the competence of the National Insurance and Sureties Commission will be determined based on the epidemiological traffic light that the health authorities of the Government of Mexico City announce for Mexico City.

THIRD. Under the red traffic light, deadlines will run for the attention of the following matters:

1. Procedures related to the obligation of insurance institutions, surety institutions, and other persons subject to the supervision of the National Insurance and Sureties Commission to deliver Regulatory Reports 2, 3, 4, 5, 6, 7, and 13 referred to in Title 38 of the Unified Circular of Insurance and Sureties.

2. Procedures related to Regularization Plans and Self-Correction Programs referred to in Articles 320, 321, and 322 of the Law of Insurance and Surety Institutions.

3. Procedures related to the obligation of insurance and surety institutions to establish measures and procedures to prevent and detect acts, omissions, or operations related to money laundering and terrorist financing, in terms of the general provisions issued or to be issued by the Ministry of Treasury and Public Credit.

4. Requirements related to the review of actuarial methods for the constitution, increase, and valuation of technical reserves, as well as those related to methods for determining the maximum probable loss of surety and credit insurance.

5. Procedures related to the General Register of Foreign Reinsurers, including the application for inscription, renewal, as well as the authorization for the establishment of representative offices of said Reinsurers.

6. Procedures related to the registration of insurance products, contractual documentation, and technical notes of sureties, including, if applicable, their revocation.

7. Procedures related to the registration of service provision contract models referred to in Articles 102 and 103 of the Law of Insurance and Surety Institutions.

8. Procedures related to the authorization of provisional agents and certifications referred to in Article 103 of the Law of Insurance and Surety Institutions.

9. Procedures related to the registration of insurance adjusters, institutional modality.

10. Receipt of certificates that update the validity of the registration of external auditors, actuaries for signing technical notes, valuation of technical reserves, dynamic solvency testing, and independent actuaries, as well as receipt of notices of modification of personal data.

11. Receipt of designations by institutions of mandatory agents.

12. Receipt of applications for the registration of signatures of officials authorized to sign sureties and certificates for the marking of encumbrances in guarantee.

13. Receipt of civil liability insurance policies for corporate agents and notices of address changes for physical and corporate agents.

14. Notifications and information requirements made by the National Insurance and Sureties Commission through the Official Notification System for Requirements (SNOR), in accordance with what is established in Article 389 of the Law of Insurance and Surety Institutions and in Chapter 39.5 of the Unified Circular of Insurance and Sureties.

15. Attention to information and documentation requirements formulated by competent authorities regarding the operations and financial services provided by insurance institutions, surety institutions, mutual insurance companies, and other persons subject to the inspection and surveillance of the National Insurance and Sureties Commission.

16. Receipt and processing of the application for the designation of the responsible administrator for the delivery of information electronically, the designation of operator and/or signatory for the registration of documents, and the user of the regularization plans and self-correction programs system, all of them referred to in Chapter 39 of the Unified Circular of Insurance and Sureties.

FOURTH. In addition to the procedures indicated in the Third numeral of this Agreement, under the orange traffic light, deadlines will run for the attention of the following matters:

1. Procedures related to the obligation of insurance institutions, surety institutions, and other persons subject to the supervision of the National Insurance and Sureties Commission to deliver Regulatory Reports 1, 8, 9, 10, 11, and 12 referred to in Title 38 of the Unified Circular of Insurance and Sureties.

2. Procedures related to the obligation of insurance and surety institutions to deliver the annual transfer pricing study referred to in Article 89 of the Law of Insurance and Surety Institutions.

3. Procedures related to the obligation of insurance institutions to deliver the technical method for fixing the maximum retention limits referred to in Article 260 of the Law of Insurance and Surety Institutions and Provision 9.7.2 of the Unified Circular of Insurance and Sureties.

4. Procedures related to the authorization to organize, operate, and function as an insurance institution, surety institution, or mutual insurance company, as well as modifications thereto.

5. Procedures related to the approval to reform the bylaws of insurance institutions, surety institutions, and other participants in insurance and surety activities.

6. Procedures related to the authorization for the direct or indirect acquisition of shares of insurance and surety institutions, as well as the granting of guarantees thereon.

7. Procedures related to the authorization to carry out the merger, spin-off, and portfolio transfer of insurance and surety institutions.

8. Procedures related to the authorization of investments and contracts referred to in Articles 265, 266, and 267 of the Law of Insurance and Surety Institutions.

9. Procedures related to the registration and renewal of legal auditors of insurance and sureties.

10. Procedures related to the authorization to constitute corporate insurance agents, and other participants in insurance and surety activities.

11. Receipt of applications for the cancellation of authorizations of physical agents, proxies of corporate agents, and other participants in insurance and surety activities.

12. Receipt of applications for the registration of external advisors.

13. Receipt of applications for the authorization of proxies abroad.

14. Procedures related to the auction and transfer of securities.

FIFTH. In addition to the procedures indicated in the Third and Fourth numerales of this Agreement, under the yellow traffic light, deadlines will run for the attention of the following matters:

1. Application of examinations, procedures, and processes related to the authorization of physical agents and proxies of corporate agents.

2. Procedures and processes related to the authorization of mandatory agents of insurance and sureties.

3. Procedures and processes related to the registration of physical and corporate insurance adjusters.

4. Procedures and processes related to the registration of external auditors, actuaries for signing technical notes, valuation of technical reserves, dynamic solvency testing, and independent actuaries.

5. Procedures and processes related to the ratification of signatures of surety contracts and certification of certificates for the marking of encumbrances in guarantee.

6. Procedures related to the non-compliance with the obligation by insurance and surety institutions to publish the general conditions of their products on the website of the respective institution.

7. Procedures and processes related to the procedure for the pro-rata allocation of income and costs that are not of direct assignment.

8. Procedures and processes related to complaints filed against insurance and surety agents, proxies of corporate agents, insurance adjusters, and reinsurance intermediaries.

9. Procedures and processes related to revocation appeals filed in connection with sanctions imposed by the National Insurance and Sureties Commission in the exercise of its attributes.

SIXTH. In addition to the procedures indicated in the Third, Fourth, and Fifth numerales of this Agreement, under the green traffic light, the following procedures will resume:

1. Application of examinations, procedures, and processes related to the renewal of authorizations of physical agents and proxies of corporate agents.

2. Application of examinations for the accreditation of knowledge of actuaries for the preparation and signing of technical notes and valuation of technical reserves.

SEVENTH. The National Insurance and Sureties Commission will publish, at the electronic address www.gob.mx/cnsf, a summary table of the procedures that will be attended in accordance with what is provided in the Third, Fourth, Fifth, and Sixth numerales of this Agreement.

Additionally, at the same electronic address, the Vice Presidency of Information Technologies and Planning, in accordance with the epidemiological traffic light referred to in the Second numeral of this Agreement, will publish the color of the traffic light under which the matters referred to in this Agreement will be processed. Such publication will be made within a period not exceeding 24 hours from when the health authority of Mexico City determines the change of the traffic light color.

EIGHTH. Regarding the renewal of authorizations of physical agents or proxies of corporate agents, the provisions of the Modifying Circular 4/20 of the Unified Circular of Insurance and Sureties, published in the Official Gazette of the Federation on March 27, 2020, will apply.

NINTH. The National Insurance and Sureties Commission will continue to exercise its inspection and surveillance powers, regardless of the traffic light color.

The procedures will be carried out in accordance with the applicable provisions and may, if applicable, attend to the following:

1. The notification of the inspection visit order may be made electronically in terms of what is provided in Article 459, fraction IV, and 468 of the Law of Insurance and Surety Institutions through the Official Notification System for Requirements.

2. The notification of information and documentation requirements will be electronic through the said System. The attention to them and the sending of information will be carried out through the same System, the Commission being able to previously indicate another means for such purpose.

3. Without prejudice to what is established in the previous items, institutions must allow the entry and access to facilities and documents required by the personnel designated in the visit order.

TENTH. For the presentation and receipt of documents at the clerk's office, the following will apply:

1. Consultations related to physical agents, corporate agents, and proxies of corporate agents will not be received. These must be formulated electronically in accordance with what is indicated in the Eleventh numeral of this Agreement.

2. In the documents presented physically, an email address for hearing and receiving notifications must be indicated, in terms of Articles 460 and 468 of the Law of Insurance and Surety Institutions.

Due to the circumstances imposed by the health contingency, the failure to indicate the email address may be grounds for dismissing the promotion in question.

3. On the same day the document is presented at the clerk's office, the interested party must send the digital file of the same.

Due to the circumstances imposed by the health contingency, the omission in sending said files may result in hindering the intended procedure.

The presentation of electronic files will be subject to what is established in the Eleventh numeral of this Agreement.

4. The receipt of documents at the clerk's office will be carried out as follows:

i. Under the red traffic light, the clerk's office will remain closed.

ii. Under the orange traffic light, documents will be received on Tuesdays and Thursdays from 10:00 to 15:00 hours.

iii. Under the yellow traffic light, documents will be received on Mondays, Wednesdays, and Fridays from 10:00 to 15:00 hours.

iv. Under the green traffic light, documents will be received from Monday to Friday from 09:00 to 15:00 hours.

ELEVENTH. For the presentation and receipt of files and electronic communications, the following will apply:

1. They must be directed to the official email address oficialiadepartes@cnsf.gob.mx.

Documentation must be presented on business days, from 9:00 to 17:00 hours. If presented outside the established schedule, they will be considered received on the next business day, in its first business hour.

2. In order to receive prompt attention, the interested party must highlight the General Directorate of the National Insurance and Sureties Commission that they consider should attend to the matter.

3. Regarding the digital files related to item 3 of the Tenth numeral of this Agreement, they must be sent from the same email address that was indicated in the document, to which the confirmation of receipt will be sent. This is to facilitate faster attention to the matter.

4. In all procedures presented via email, an acknowledgment of receipt will be sent to the sender's email address, assigning an entry folio and date of receipt by the clerk's office.

5. The applications and procedures sent to the email address indicated in item 1 of this numeral must contain the express declaration of the applicant stating that they accept to be notified by this electronic means of the resolution taken by the National Insurance and Sureties Commission regarding the same, which will be recorded in a digitized official document issued by the authorized public servant.

TWELFTH. For the notifications of resolutions and information requirements made by the National Insurance and Sureties Commission, the following will apply:

1. The attention to the procedures and, if applicable, the resolution by the National Insurance and Sureties Commission will be notified to the interested parties at the email address indicated for such purposes and will produce full legal effects.

2. If deemed appropriate, the National Insurance and Sureties Commission may verify the receipt of the electronic communication at the email address indicated by the interested party.

THIRTEENTH. The National Insurance and Sureties Commission may initiate sanctioning procedures if, in the exercise of its attributes, it detects any irregularity or non-compliance with the regulations by the institutions and other supervised persons referred to in Article 1 of the Law of Insurance and Surety Institutions.

FOURTEENTH. The interpretation for administrative purposes of this Agreement corresponds to the Legal, Advisory, and Intermediaries General Directorate of the National Insurance and Sureties Commission.

FIFTEENTH. This Agreement and the acts derived from it do not constitute a temporary or definitive limitation of the attributes and powers that the laws confer on the National Insurance and Sureties Commission, nor will they generate greater rights or benefits for the institutions and persons subject to its supervision than those expressly and by virtue of the health contingency defined by the National Insurance and Sureties Commission, being able to request the information it requires at any time and instruct what is appropriate in the exercise of its powers.

TRANSITORY:

SOLE. This Agreement will enter into force on the day of its publication in the Official Gazette of the Federation.

Respectfully,

Mexico City, July 30, 2020.- The President of the National Insurance and Sureties Commission, Ricardo Ernesto Ochoa Rodríguez.- Signature.

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